X

This Rakuten Marketing website is automatically set to 'Allow Cookies' as this will help us measure traffic and improve this site over time. You can read about how we use cookies on this site by clicking here. For more information about the EU Privacy Directive and Rakuten Marketing technology click here.  CLOSE

Legal Notices

EU Privacy Directive (EU Cookie Law)

Rakuten Marketing Advertisers and Publishers please be aware that the EU has passed what is called the EU Privacy Directive (also referred to as the Cookie Law) that requires disclosure on Websites of what information is collected during the use of  the site and to obtain End User consent prior to the placement of cookies on their computers. 

Consumer-facing sites are required to obtain consent from end users for placement of cookies (including Rakuten Marketing cookies/tracking devices) on such end users’ computers.  Rakuten Marketing Publishers should consult Section 5.5 of the Publisher Membership Agreement for more information and Rakuten Marketing Advertisers should consult their agreements for more information on Advertiser’s responsibilities to this regard. 

Frequently Asked Questions
Read the Frequently Asked Questions below to learn more about the EU Privacy Directive, Cookies and the Rakuten Marketing Network.

Helpful Links
www.iab-performance-marketing-explained.net
http://www.allaboutcookies.org
For Microsoft Internet Explorer: http://support.microsoft.com/kb/196955
For Mozilla Firefox: http://support.mozilla.org/en-US/kb/Cookies
Google Chrome: https://support.google.com/chrome/bin/answer.py?hl=en&answer=95647&p=cpn_cookies 

- See more at: http://www.rakutenmarketing.co.uk/cookies/#sthash.EEgy0zBL.dpuf

Cookies: Special Notice About This Site

We would like you to be aware of how Rakuten Marketing uses cookies. By using this site, you consent to our use of cookies in this way. If you do not want to receive cookies from us or want to remove our cookies, please see the instructions below.

Note that if you elect to remove cookies you may not be able to use all the interactive features of this site if cookies are disabled. Advertisers and Publishers using the Rakuten Marketing Network will also use cookies, and they are also responsible for asking their users for consent.

Rakuten Marketing encourages all participants in the Rakuten Marketing Network to provide clear information about cookies.

For more information about the EU Privacy Directive, cookies and Rakuten Marketing read the Frequently Ask Questions document.

Removing Cookies

How to remove cookies in Internet Explorer 8
1. Exit Internet Explorer 8, and then exit any instances of Windows Explorer.
2. Do one of the following:
- In Windows Vista or Windows 7, click the Start button, type inetcpl.cpl in the Start Search box, and then press ENTER.
- In Windows XP, click Start, click Run, type inetcpl.cpl in the Open box, and then press ENTER.
3. On the General tab, click Settings, and then click View Files.
4. Select the files (cookies) that you want to delete.
- Rakuten Marketing cookies will be associated to the domains:
       - rakutenmarketing.com
       - linkshare.co.uk
       - linksynergy.com
5. On the File menu, click Delete.  

How to remove cookies in FireFox3
1. Click on Tools, then Options
2. Select Privacy
3. Do one of the following:
   a. If your Firefox will setting is configured to Remember History, click the remove individual cookies link.
   b. If your Firefox will setting is configured to Use custom settings for history, click the Show Cookies button.
4. Select the cookie entry in the list and click on the Remove Cookie button
   a. Rakuten Marketing cookies will be associated to the domains:
     - rakutenmarketing.com
     - rakutenmarketing.co.uk
     - rakutenmarketing.com.au
     - rakutenmarketing.com.br
     - rakutenmarkting.fr
     - rakutenmarekting.de
     - linksynergy.com
     - linkshare.com
     - mediaforge.com

How to remove cookies in Chrome
1. Click the wrench icon  on the browser toolbar.
2. Select Options (Preferences on Mac and Linux; Settings on Chrome OS).
3. Click the Under the Hood tab.
4. Click Content settings in the "Privacy" section.
5. Click the All Cookies and site data… button
6. Select the files (cookies) that you want to delete.
  a. Rakuten Marketing cookies will be associated to the domains:
     - rakutenmarketing.com
     - rakutenmarketing.co.uk
     - rakutenmarketing.com.au
     - rakutenmarketing.com.br
     - rakutenmarkting.fr
     - rakutenmarekting.de
     - linksynergy.com
     - linkshare.com
     - mediaforge.com
7. Click the X to the right of the cookie name.

How to remove cookies in Safari
1. Click the Action menu icon
2. Select Preferences
3. Select the Security tab
4. Click the Show Cookies button
5. Select the files (cookies) that you want to delete.
  a. Rakuten Marketing cookies will be associated to the domains:
     - rakutenmarketing.com
     - rakutenmarketing.co.uk
     - rakutenmarketing.com.au
     - rakutenmarketing.com.br
     - rakutenmarkting.fr
     - rakutenmarekting.de
     - linksynergy.com
     - linkshare.com
     - mediaforge.com  
6. Click the Remove button - See more here.

  What is a cookie? A cookie is a little text file composed of alphanumeric characters, which is created on your computer when your browser accesses a website that uses cookies. The files are used to help your browser navigate the website and fully use all its features like logins, preferences, language settings, themes, among other common features. The cookie is used solely to help your browser process a website; it does not collect any information from your computer or snoop on your files.   Cookie files are typically stored in the cookie file of your browser.

Each file normally contains:

- The name of the website server that created the cookie
- The duration of the cookie-how long your browser can use the cookie information to access the website that created the cookie
- A cookie value-this unique information is normally a randomly generated number 

The server that created the cookie uses the cookie value to remember you when you come back to the site or navigate from one page to another. Only the server that created the cookie can read and process the cookie. Cookies can expire at the end of a browser session (from when a user opens the browser window to when they exit the browser) or they can be stored for longer.  

The Regulations apply to both types of cookies:

Session cookies – allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes such as remembering what a user has put in their shopping basket as they browse around a site. They could also be used for security when a user is accessing internet banking or to facilitate use of web mail. These session cookies expire after a browser session so would not be stored longer term. For this reason session cookies may sometimes be considered less privacy intrusive than persistent cookies.  

Persistent cookies – are stored on a user's device in between browser sessions which allows the preferences or actions of the user across a site (or in some cases across different websites) to be remembered. Persistent cookies may be used for a variety of purposes including remembering users’ preferences and choices when using a site or to target advertising.  

First and third party cookies – Whether a cookie is ‘first’ or ‘third’ party refers to the website or domain placing the cookie. First party cookies in basic terms are cookies set by a website visited by the user - the website displayed in the URL window. Third party cookies are cookies that are set by a domain other than the one being visited by the user. If a user visits a website and a separate company sets a cookie through that website this would be a third party cookie.  

Does Rakuten Marketing use Cookies on its website, www.rakutenmarketing.co.uk?
Yes.  Rakuten Marketing uses first party cookies on the Rakuten Marketing Website. We tell you about our cookie use in our Privacy Policy found at www.Rakuten Marketing.co.uk/privacy. By using our site you consent to our use of cookies in this way. If you do not want to receive cookies from us or want to remove our cookies, please see instructions below. Note that if you elect to remove cookies you may not be able to use all the interactive features of our site if cookies are disabled.   Advertisers and Publishers using the Rakuten Marketing Affiliate Network will also use Rakuten Marketing cookies, and they are responsible to their users for this. Rakuten Marketing encourages all participants in the Rakuten Marketing Affiliate Network to provide clear information about cookies, and we hope that you will find this to be the case. For more information about how Rakuten Marketing cookies are used in the tracking process, please view our Privacy Policy.  

Does Rakuten Marketing use Cookies in the tracking process?
Yes, Rakuten Marketing uses third party cookies in the tracking process. In providing our affiliate marketing, search management and related services, Rakuten Marketing does not deal directly with the customers of Advertisers or Publishers. We enable Advertisers and Publishers to create links between their own websites. A visitor who clicks on an Advertiser’s banner or other promotion on a Publisher’s website is redirected, through our website, to the Advertiser’s website, where he or she may purchase a product or service or engage in another transaction or activity that entitles the Publisher to compensation from the Advertiser. As a result of such redirection through our website, our technology automatically records the IP (Internet Protocol) address of the browser used. In addition, during such redirection, we may place one or more “cookies” on the hard drive of the visitor’s computer through his or her Web browser. In connection with certain features of our services to Advertisers, we use cookies in order to determine whether and when a “cookied” Web browser is used to return to the Advertiser’s site after a prior visit. The cookies we currently use permit us to determine when a browser is used to make repeat visits or click-throughs to a website and to determine whether the same browser has accessed more than one site on our network, but do not permit us to determine the identity of any user of that browser or gather any other personally-identifiable information about that user, such as postal address, email address, phone number, social security number or any credit card number.  

What is the EU Privacy Directive (EU Cookie Law)?
The Privacy and Communications (EC Directive)(Amendment) Regulations 2011 (UK Regulations) was recently amended on May 26, 2011 and the relevant rules are found in amended regulation 6, which reads as follows: 6. - (1) Subject to paragraph (4), a person shall not store or gain information, or to gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met. (2) The requirements are that the subscriber or user of that terminal equipment - (a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and (b) has given his or her consent. (3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use. (3A) For the purposes of paragraph (2), consent may be signified by a subscriber who amends or sets controls on the internet browser which the subscriber uses or by using another application or program to signify consent. (4) Paragraph (1) shall not apply to the technical storage of, or access to, information - (a) for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or (b) where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user. Note that the previous rule on using cookies for storing information required a site to: ·        tell people how the site used cookies; and ·        tell them how they could ‘opt out’ if they object. Many websites did this by putting information about cookies in their privacy policies and giving people the possibility of ‘opting out’.  The new requirement is essentially that cookies can only be placed on machines where the user or subscriber has given their prior consent. 

When does the EU Cookie Law go into effect?
The new regulation went into effect on May 26, 2011.  Organizations need to take action to comply by no later than May 26, 2012.

What is consent?
As per Section 5 of the Information Commissioner’s Office’s Guidance (located at www.ico.gov.uk) on the rules on use of cookies and similar technologies, consent is defined as any freely given specific informed indication of a user’s wishes by which the data subject signifies their agreement to personal data relating to the user being processed. There must be a form of communication where the user knowingly indicates consent/acceptance.  This may involve clicking on an icon, sending an email or subscribing to a service.  The crucial consideration is that the user must fully understand that by the action in question, they will be giving their consent.  

Implied consent:  The level of consent required for any activity has to take into account the degree of understanding and awareness the person being asked to agree has about what they are consenting to. A reliance on implied consent in any context must be based on a definite shared understanding of what is going to happen in this situation a user has a full understanding of the fact cookies will be set, is clear about what cookies do and signifies their agreement. At present evidence demonstrates that general awareness of the functions and uses of cookies is simply not high enough for websites to look to rely entirely in the first instance on implied consent. As consumer awareness increases over the next few years it may well be easier for organizations to rely on that shared understanding to a greater degree. This shared understanding is more likely to be achieved quickly if websites make a real effort to ensure information about cookies is made clearly available to their users, for example, displaying a prominent link to ‘More information about how our website works and cookies’ at the top of the page rather than through a privacy policy in the small print.   

Consent from the user or subscriber: The Regulations state that consent for a cookie should be obtained from the subscriber or user. The subscriber means the person who pays the bill for the use of the line. The user is the person using the computer or other device to access a website. In practice the owner of a website may well not be able to distinguish between consent provided by the subscriber or the user. The key then is that valid consent has been provided by one of the parties. The Regulations do not specify whose wishes should take precedence if they are different. Other references in the legislation to a subscriber’s ability to make decisions in this area, such as around browser settings, might suggest the subscriber’s indications may in the first instance take priority. There may well be cases where a subscriber, for example, an employer, provides an employee with a terminal at work along with access to certain services to carry out a particular task, where to effectively complete the task depends on using a cookie type device. In these cases, it would not seem unreasonable for the employer’s wishes to take precedence. There are other areas of the legislation, around browser settings where the subscriber clearly has the ability to make a decision on behalf of any users. However, there will be circumstances where a user’s wish should take precedence. To continue the above example, an employer’s wish to accept such a device should not take precedence where this will involve the unwarranted collection of personal data of that employee.

What are the different variations one may achieve consent from an End User for use of cookies? Detailed within Section 10 of the Information Commissioner’s Office’s Guidance (located at www.ico.gov.uk) on the rules on use of cookies and similar technologies the following are various forms of consent an organization may use to achieve consent from a user: 

- Pop ups and similar techniques: This might initially seem an easy option to achieve compliance – you are asking someone directly if they agree to you putting something on their computer and if they click yes, you have their consent, but it’s also one which might well spoil the experience of using a website if you use several cookies. However, you might still consider gaining consent in this way if you think it will make the position absolutely clear for you and your users. Many websites routinely and regularly use pop ups or ‘splash pages’ to make users aware of changes to the site or to ask for user feedback. Similar techniques could, if designed well enough, be a useful way of informing users of the techniques you use and the choices they have. It is important to remember though that gaining consent in this potentially frustrating way is not the only option.

- Terms and conditions:  There are already lots of examples of gaining consent online using the terms of use or terms and conditions to which the user agrees when they first register or sign up. Where users open an online account or sign in to use the services you offer, they will be giving their consent to allow you to operate the account and offer the service and there is no reason why consent for the purposes of complying with the new rules on cookies cannot be gained in the same way. However, it is important to note that changing the terms of use alone to include consent for cookies would not be good enough even if the user had previously consented to the overarching terms. To satisfy the new rules on cookies, you have to make users aware of the changes and specifically that the changes refer to your use of cookies. You then need to gain a positive indication that users understand and agree to the changes. This is most commonly obtained by asking the user to tick a box to indicate that they consent to the new terms. The key point is that you should be upfront with your users about how your website operates. You must gain consent by giving the user specific information about what they are agreeing to and providing them with a way to show their acceptance. Any attempt to gain consent that relies on users’ ignorance about what they are agreeing to is unlikely to be compliant. 

- Settings-led consent:  Some cookies are deployed when a user makes a choice about how the site works for them. In these cases, consent could be gained as part of the process by which the user confirms what they want to do or how they want the site to work. For example, some websites ‘remember’ which version a user wants to access such as version of a site in a particular language. If this feature is enabled by the storage of a cookie, then you could explain this to the user and that it will mean you won’t ask them every time they visit the site. You can explain to them that by allowing you to remember their choice they are giving you consent to set the cookie. This would apply to any feature where you tell the user that you can remember certain settings they have chosen. It might be the size of the text they want to have displayed, the color scheme they like or even the ‘personalized greeting’ they see each time they visit the site.

- Feature-led consent:  Some objects are stored when a user chooses to use a particular feature of the site such as watching a video clip or when the site remembers what they have done on previous visits in order to personalize the content the user is served. In these cases, presuming that the user is taking some action to tell the webpage what they want to happen – either opening a link, clicking a button or agreeing to the functionality being ‘switched on’ – then you can ask for their consent to set a cookie at this point. Provided you make it clear to the user that by choosing to take a particular action then certain things will happen you may interpret this as their consent. The more complex or intrusive the activity the more information you will have to provide. Where the feature is provided by a third party you may need to make users aware of this and point them to information on how the third party might use cookies and similar technologies so that the user is able to make an informed choice. 

- Functional uses:  Collecting information about how people use a site, for example, which pages they visit on a website still requires consent.  The ICO suggests a solution of footer/header text that becomes highlighted when a cookie is going to be set.  This seems to be the approach the ICO has adopted for its own website which can be viewed here:     

Does the consent rule apply to every type of cookie?
According to All About Cookies (located at http://www.allaboutcookies.org/privacy-concerns/new-european-laws.html), which acts as a free Cookie resource providing the latest information in response to the Information Commissioners Office press issue, the only exception to EU Cookie Law is if what you are doing is ‘strictly necessary’ for a service requested by the user. This exception needs to be interpreted quite narrowly because the use of the phrase “strictly necessary” means its application has to be limited to a small range of activities and because your use of the cookie must be related to the service requested by the user. Indeed, the relevant recital in the Directive on which these Regulations are based refers to services “explicitly requested” by the user. As a result our interpretation of this exception therefore has to bear in mind the narrowing effect of the word “explicitly”. The exception would not apply, for example, just because you have decided that your website is more attractive if you remember users’ preferences or if you decide to use a cookie to collect statistical information about the use of your website.      

We do not believe that the use of Rakuten Marketing cookies by a Publisher in the tracking process qualifies for this exception to the rule discussed above.  In our view, Rakuten Marketing cookies are set at the request of Publishers so that an End User may be tracked to an Advertiser site and so that Publisher is paid a commission for referring that End User to the Advertiser site if said End User purchases a product/service on the Advertiser’s site.  

How can you disable/enable cookies?
To disable Rakuten Marketing cookies on the Rakuten Marketing website, www.rakutenmarketing.co.uk, see the discussion above in the section entitled Does Rakuten Marketing use Cookies. As a general rule, you have the ability to accept or decline cookies by modifying the settings in your browser. 

As a Publisher, do I have any obligations to obtain consumer consent?
Yes.  In providing our affiliate marketing, search management and related services, Rakuten Marketing does not deal directly with the customers of Advertisers or Publishers. We enable Advertisers and Publishers to create links between their own websites. A visitor who clicks on an Advertiser’s banner or other promotion on a Publisher’s website is redirected, through our website, to the Advertiser’s website, where he or she may purchase a product or service or engage in another transaction or activity that entitles the Publisher to compensation from the Advertiser. As a result of such redirection through our website, our technology automatically records the IP (Internet Protocol) address of the browser used. In addition, during such redirection, we may place one or more “cookies” on the hard drive of the visitor’s computer through his or her Web browser. In connection with certain features of our services to Advertisers, we use cookies in order to determine whether and when a “cookied” Web browser is used to return to the Advertiser’s site after a prior visit. Each Publisher needs to determine the best solution for obtaining consent.  Publishers need to keep in mind that consent does not been to be obtained repeatedly for the same person each time the same cookie is used (for the same purpose) once consent has been attained the first time.   

We recently amended of Section 5.5 of our online Publisher Membership Agreement, as follows:

5.5    Privacy Policy.  You will ensure that any and all Sites employed by You in connection with Your participation in any Rakuten Marketing Affiliate Network or any Rakuten Marketing-tracked Engagement will feature an easy-to-understand privacy policy, linked, at a minimum, conspicuously from such Site's home page, with a link that contains the word "Privacy", "Legal", "Terms" or similar language. Such privacy policy shall, in addition to the disclosures about Your privacy practices, identify the collection, disclosure and use of any information related to an end user that You provide or may provide to Rakuten Marketing and to any Network Advertiser or other Sites or persons with which You have any Rakuten Marketing-tracked Engagement or other arrangement in relation thereto. Such privacy policy shall also provide information on your use of tracking devices, such as but without limitation to, cookies, including tracking devices enabled by Rakuten Marketing at your request on your behalf.  Your website will also include all legally required information regarding your use of tracking devices, such as cookies, including where required, information regarding the removal of cookies and other tracking devices. As between Rakuten Marketing and You, You shall be required to obtain end users’ consent to embody tracking devices, such as cookies (including tracking devices enabled by Rakuten Marketing at your request on your behalf) on such end users’ servers, including where required, information regarding the option to opt-out or remove cookies/tracking devices in compliance with The Privacy and Electronic Communications (EC Directive) and related provisions on the EU Cookie Law.  Upon Rakuten Marketing’s request, you shall provide furnish to Rakuten Marketing proof of the applicable end users’ consent to embody tracking devices and cookies enabled by Rakuten Marketing.   As to Your personal information, Rakuten Marketing may use Your personal information (i) for the purpose of facilitating Your participation in the Rakuten Marketing Affiliate Network, which may include, indexing your name and relevant information about your business in the Network Publisher database and making such information available to Network Advertisers in furtherance of possible business relationships, and (ii) to contact You generally regarding Your use of Rakuten Marketing's services.

As an Advertiser, do we have any obligations under the EU Cookie Law?
Yes, all websites have an obligation under the EU Cookie Law to disclose what information is collected and to obtain End User consent prior to the placement of cookies on their computers.  

What if I fail to obtain End User’s consent to embody cookies (including Rakuten Marketing tracking cookies) on their computer?
A maximum penalty of £500,000 pounds can be imposed.  Rakuten Marketing reserves the right to conduct random site checks of Publisher site to ensure compliance with the Publisher’s contractual obligations outlined in Section 5.5 of the Publisher Membership Agreement.  In the event that Rakuten Marketing discovers that your site is non-compliant, Rakuten Marketing reserves the right to suspend your access to the Network and/or terminate your participation in the Network.